What is the test for failing to give a jury a unanimous verdict in a sexual assault case?

California, United States of America


The following excerpt is from People v. Noble, F055403 (Cal. App. 7/9/2009), F055403 (Cal. App. 2009):

The failure to provide a unanimity instruction is subject to harmless error analysis under the Chapman standard. "`Where the record provides no rational basis, by way of argument or evidence, for the jury to distinguish between the various acts, and the jury must have believed beyond a reasonable doubt that defendant committed all acts if he committed any, the failure to give a unanimity instruction is harmless. [Citation.] Where the record indicates the jury resolved the basic credibility dispute against the defendant and therefore would have convicted him of any of the various offenses shown by the evidence, the failure to give the unanimity instruction is harmless. [Citation.]'" (People v. Curry, supra, 158 Cal.App.4th at p. 783.)

Other Questions


When a photograph of a defendant in a sexual assault case was found to have been taken in the context of an alleged sexual assault, is there any connection to the subsequent verdict of attempted sodomy? (California, United States of America)
What is the relevant case law regarding allegations of sexual assault made against appellant in a sexual assault case? (California, United States of America)
In a sexual assault case, is a defendant more culpable in committing two acts of sodomy than if they committed only one act of sexual assault? (California, United States of America)
What is the test for a unanimous verdict in a sexual assault case? (California, United States of America)
What is the test for unanimity in a civil case where there are allegations of sexual assault against the same defendant in separate criminal cases? (California, United States of America)
For the purposes of section 1108.2(1) of the California Criminal Code, is there any constitutional error in a trial court's decision to instruct the jury in a sexual assault case to consider the use of sexual assault evidence admitted under Section 1108? (California, United States of America)
In a sexual assault case, is it possible for a defendant to sexually assault two women by touching their genitals? (California, United States of America)
Is there any reason to exclude evidence of sexual assault prior to the trial of defendant in his sexual assault case? (California, United States of America)
What is the test for admitting prior sexual assault evidence in a sexual assault case? (California, United States of America)
What is the test for giving a jury a unanimous verdict in a sexual assault case? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.